Curt Gilgenbach v. State of Illinois, et al
Appeal Court of Appeals for the Seventh Circuit, Case No. 17-2011

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Last Updated August 26, 2017 at 11:42 PM DT (3.7 years ago) Request Update Request UpdateSpaceE-Mail Alert Get E-Mail Alerts

Nature of Suit 2290 - Real Property: Other
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Blank 19 Filed: 8/24/2017, Entered: None Unknown Document Type
ORDER: The motion for summary affirmance is summarily denied, without submission to the motions panel.As the court explained in United States v. Fortner, 455 F.3d 752 (7th Cir. 2006), it is wholly inappropriate for an appellee's lawyer to wait until a brief is due, file a motion in lieu of a brief, and ask for extra time to file a brief if the motion is denied. Such a procedure demands the time of six appellate judges (three on the motions panel, three on the merits panel) instead of three. There is no reason for an expedited decision in this case. To prevent further dissipation of judicial time, the court also denied the request for additional time to file a brief. The motion for summary affirmance will be treated as the brief of appellee Village of Glendale Heights, and the case will be submitted for decision without further briefing by the Village. [17] SCR [19] [6863963] [17-2011] (ER)
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    Blank 18 Filed: 8/23/2017, Entered: None Unknown Document Type
    Pro se motion filed by Appellant Curt Gilgenbach for reinstatement of the United States; and to issue mandamus for clerk to deliver summons and complaint to the United States pursuant to 28 U.S.C. 1361. [18] [6863834] [17-2011] (CR)
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      Blank 17 Filed: 8/21/2017, Entered: None Unknown Document Type
      Motion filed by Appellee Village of Glendale Heights for summary affirmance or to reset briefing schedule dismiss case. [17] [6863006] [17-2011]--[Edited 08/21/2017 by AP- to reflect correct title of document] (Acker, Andrew)
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        Legal Document (Payment Possibly Required) 16 Filed: 8/18/2017, Entered: None Unknown Document Type
        ORDER re: Response to Rule to Show Cause for appellee and motion for Village of Glendale Heights for leave to file motion for summary affirmance. IT IS ORDERED that the Rule to Show Cause is SUSPENDED pending the timely filing of a brief by the party. Briefing shall proceed as follows: Appellee's brief due on or before 09/18/2017 for Village of Glendale Heights. Appellant's reply brief, if any, is due on or before 10/02/2017 for Appellant Curt Gilgenbach.In lieu of a responsive brief, appellee VIllage of Glendale Heights may file a motion for summary affirmance by September 1, 2017. [16] [6862735] [17-2011] (AP)
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          Blank 15 Filed: 8/18/2017, Entered: None Unknown Document Type
          Filed Showcause Response by Appellee Village of Glendale Heights to Rule to Showcause. [15][6862525] [17-2011] (Acker, Andrew)
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            Legal Document (Payment Possibly Required) 14 Filed: 8/16/2017, Entered: None Unknown Document Type
            ORDER: On August 14, 2017, the appellants filed a response to the United States Attorney's response to the rule to show cause, which the court will construe as a motion to reconsider its order dated August 9, 2017. Construed as such, the motion to reconsider is DENIED. [13] CMD [14] [6861992] [17-2011] (FP)
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              Legal Document (Payment Possibly Required) 13 Filed: 8/14/2017, Entered: None Unknown Document Type
              Filed Response in Opposition by Appellant Curt Gilgenbach to Appellee's Response to Rule to Show Cause. [13][6861811] [17-2011] (CR)
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                Legal Document (Payment Possibly Required) 12 Filed: 8/9/2017, Entered: None Unknown Document Type
                ORDER re: Response to Rule to Show Cause for Appellee and Motion of the United States Attorney for Noninvolvement. [11] The Office of the United States Attorney has advised the court that the they were not served with process in the District Court and will not be proceeding in this appeal. Accordingly, the clerk remove "United States Incorporated" from the docket in this appeal. This appeal will be submitted for decision without the filing of a brief by the United States. Further, the Rule to Show Cause dated August 7, 2017, is VACATED as to the Office of the United States Attorney. CMD [12] [6860206] [17-2011] (AD)
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                  Legal Document (Payment Possibly Required) 11 Filed: 8/8/2017, Entered: None Unknown Document Type
                  Filed Response by Appellee United States Incorporated to to Rule to Show Cause for Appellee United States and Motion for Noninvolvement. [11][6859857] [17-2011] (Walsh, Thomas)
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                    Legal Document (Payment Possibly Required) 10 Filed: 8/8/2017, Entered: None Unknown Document Type
                    Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Andrew Y. Acker for Appellee Village of Glendale Heights. [10] [6859830] (L-Yes; E-Yes; R-No) [17-2011] (Acker, Andrew)
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                      Legal Document (Payment Possibly Required) 9 Filed: 8/7/2017, Entered: None Unknown Document Type
                      ORDER: Appellees United States Incorporated and Village of Glendale Heights is directed to showcause as to why this appeal should not be submitted to the Court for a decision without the filing of a brief and without oral argument by the appellee/respondent, per C. R. 31(d). ME. Briefing is SUSPENDED pending further court order. Response to Rule to Showcause due for Appellees United States Incorporated and Village of Glendale Heights by 08/21/2017. [9] [6859246] [17-2011] (ME)
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                        Legal Document (Payment Possibly Required) 8 Filed: 6/26/2017, Entered: None Unknown Document Type
                        Appellant's brief filed by Appellant Curt Gilgenbach. Appellee's brief due on or before 07/26/2017 for United States Incorporated and Village of Glendale Heights Disk not required. [8] [6850086] [17-2011] (RS)
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                          Legal Document (Payment Possibly Required) 7 Filed: 5/24/2017, Entered: None Unknown Document Type
                          Filed Seventh Circuit Transcript Information Sheet by Appellant Curt Gilgenbach. [7] [6843333] [17-2011] (JO)
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                            Blank 6 Filed: 5/17/2017, Entered: None Unknown Document Type
                            ORDER: re: Notice of obstruction of justice. It is unclear precisely what relief the appellant seeks in the present filing. The district court dismissed the underlying complaint on May 10, 2017, and the appeal is proceeding to briefing. The appellant can raise his arguments in the opening brief, which is due June 26, 2017. JKL [6] [6841729] [17-2011] (CAG)
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                              Blank 5 Filed: 5/17/2017, Entered: None Unknown Document Type
                              Filed Notice of obstruction of justice by Appellant Curt Gilgenbach. [5] [6841706] [17-2011] (JO)
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                                Legal Document (Payment Possibly Required) 4 Filed: 5/17/2017, Entered: None Unknown Document Type
                                Docketing Statement filed by Appellant Curt Gilgenbach. Prior or Related proceedings: No. [4] [6841705] [17-2011] (JO)
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                                  Legal Document (Payment Possibly Required) 1 Filed: 5/15/2017, Entered: None Unknown Document Type
                                  U.S. civil case docketed. Fee paid. Transcript information sheet due by 05/30/2017. Docketing Statement due for Appellant Curt Gilgenbach by 05/19/2017. Appellant's brief due on or before 06/26/2017 for Curt Gilgenbach. [1] [6841085] [17-2011] (FP)
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